Litigation

Procedural law is a specialized field. Failure to apply the rules correctly can have serious consequences. This blog discusses appeals in petition proceedings. One of the particularities of this is the provision in Article 359 of the Code of Civil Procedure (on appeals) and the link between that provision and Article...

The Central Netherlands District Court ruled on October 21, 2025 (ECLI:NL:RBMNE:2025:5464) that the plaintiff did not have an urgent interest in claims of infringement of her trade name. However, a compelling interest is a requirement in summary proceedings. The claims of the plaintiff (BIGBAGSTORE.NL) against the defendant (BIGBAGSTORE.EU) were therefore dismissed for lack of an urgent interest....

It is often said that illegally obtained evidence may not be used in a lawsuit. However, this is not true. In criminal law, this is often indeed the case, but in civil court you may, in principle, use anything as evidence. Even if the evidence is illegally obtained. Still, some caution is warranted. Trial lawyer ...

There may be times when you make (or have to make) the choice to cut a lawsuit in two. In one case, you claim that your opposing party should be ordered to pay damages, to be made out in state. In the proceedings that follow (the damages state proceedings), the extent of the damages must be determined. If you have the...

Last summer, the Zeeland-West Brabant District Court (ECLI:NL:RBZWB:2025:4871) ruled on a dispute in a partnership. Two partners had resigned. The remaining partners then drew up a final settlement. According to them, the exiting partners still had to pay a substantial amount to the partnership. This is because they are not only entitled to a share of the profits, but must also...

When you fail to appear as a defendant in proceedings, you are convicted in absentia. The claim is then usually awarded because no defense was put forward. You can still enter an objection within a period of time calculated from the moment you became aware of the verdict. How that works, read...